PUBLIC ROADS AND WORKS ORDINANCE.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 38, 28 June 1845, Page 4

PUBLIC ROADS AND WORKS ORDINANCE.

Session V., No. 6. " An Ordinance- to empower Owners and Occupiers of Land within certain Districts to repair and maintain Highways and Public Works within the same, and to malte and levy Rates for defraying the expenses thereof." (Passed the 19th day of April, 18451)

Whereas it is expedient that the Owners and Occupiers of land- in- certain-Districts, should be empowered to make and levy Rates upon land for the maintenance and repairs of Highways and other Public Works, and that the same should be under the direction and control of a certain number of such Owners and Occupiers, to be elected as a Board of Commissioners for that purpose, with necessary powers : Be it therefore enacted by the Governor of New Zealand, with the -advice and consent of the Legislative Council thereof, as follows :—: —

I. — Election of District Commissioners. 1 . Every person who shall have to his own use a Freehold Estate in lands and tenements within any District to be formed as hereinaftermentioned, which lands and tenements shall not be let for a term of seven years or upwards, and every person duly appointed in writing as the proxy of any such person for the purposes of •this Ordinance,. and every Lessee of lands and tenements within any such District for a term .of -seven years or upwards, shall, being duly -enrolled in manner hereinaftcrmentioned, be qualified to vote at the Election of such Board of Commissioners as aforesaid. 2. If the major part of the persons so qualified to become Electors as aforesaid, within any District, shall apply in writing to His Excellency

the Governor, distinctly setting forth the Boundaries of such District, and requesting that the same may be declared to be a District within the provisions- of this Ordinance, His Excellency may, by Proclamation, 'declare the same to be such District, and by such Proclamation shall prescribe a period within which all Claims to the right of voting at the election of the first and every succeeding Board of Commissioners for such District shall be made. 3. Every such Claim shall be in writing according to the -Form to this Ordinance annexed, and shall be addressed to the Police Magistrate of the District for the time being. 4. The Police-Magistrate shall forthwith, -upon the receipt of such Claims as aforesaid in that and every succeeding year, cause the names of all persons who shall have proved such Claims to him, to be arranged in alphabetical order, in a written or printed List, and to be, posted up in' some conspicuous place within the District, and shall add to such List a notice of the place and time of Meeting, for the purpose of proceeding under the provisions of this Ordinance. 5. On the first Tuesday in the month next but one succeeding the time for completion of the List of Electors, and on the same day in every succeeding year, at the time and hour fixed for such Meeting in the notice so to be given as aforesaid, the major part of the Electors of the District being present, a Chairman shall be elected, who shall commence the business of the Meeting by proposing for consideration whether any Rate shall be levied for the ensuing year under the provisions of this Ordinance, which .question shall be determined by a majority of the votes of the Electors present at the time when the said question shall be r put to the vote. 6. If it shall be determined that a Rate shall be levied for the ensuing year, the Meeting shall then proceed to determine in like manner the uniform sum per acre -which may be levied and raised, in manner-herieinafter provided, in the ensuing year. 7. It shall also'be determined by the Meeting, in like manner, whether any -Tolls shall be imposed upon- the. passage of 'wheeled-carriages along any road within- the District, and -also what shall be the amount thereof, and at what place or places such Tolls shall be levied. Provided always, that the amount of Toll to be taken in any one day in respect of any wheeledcarriage shall not exceed the whole amount of | Rate or Rates actually levied during the precedi ing year, in respect of any one acre of land, and | shall, under no circumstances, exceed, the sum of sixpence on any one day for any one such carriage. 8. If the levying of a'Rate or' the r taking of Tolls shall have been authorized as aforesaid, but not otherwise, the Meeting shall proceed to nominate and- in like manner to elect seven Commissioners, being < Electors and -willing to act; -and such- Commissioners, or any four of them, shall form a * Board, to be called <~the " Highway Commissioners for the District of ," .(as the case may be), with authority to carry into effect the provisions of this Ordinance. 9. The Commissioners so elected shaft continue in Office for a year, and until the next election of Commissioners. ■ Provided always, that any Commissioner so going out of Office may be forthwith re-elected 4f then as herein provided.

II. — Powers and Duties of Commissioners. 10. The Board of Commissioners sbjall have power within the limits of the District 'to make and keep in repair - Roads, - Streets, Causeways, and Bridges — and to excavate, .construct, -and maintain Wells, Waterworks, Conduits, Sewers, and the like — and to provide for the setting-up of Toll Gates, or Bars— jthe establishment of Markets, and construction of .Market-places, Landing-places, and other works of public utility. 1 1 . For the purpose of- raising the means for carrying into effect all •or any of the jpowers hereby given to-the3oard of Commissioners, and for the defraying of -all expenses incident thereto, theJ3oard shall have to make and levy, ih manner hereinafter provided, a Kate for the year at a* certain sum per acre upon all land within the except as hereafter is excepted. Provided, that the amount of the Rate so levied shall not exceed such rate per acre as shall have been authorized at the Annual Meeting of Electors as aforesaid. 12. The Rate shall be paid by the Occupier of such land, or in case there shall be no Occupier, then by the Owner thereof. Provided always, that it shall be lawful for any person who shall be liable to the payment of any Rate under the provisions hereof, to compound for the payment of such Rate, by the performance of work or labor upon any of the works which may be, for the- time being, undertaken .by such Commissioners, according to such scale and valuation, and subject to such regulations, in all respects, as shall from time to time be made by the Commissioners for .that purpose. 13. Previously to Levying any such Rate, the Commissioners shall eaase a written or printed statement to be posted up in some conspicuous place or places within the District, setting forth the amount of Rate to be levied, with a List of the names of the persons liable for the payment thereof, with the sum payable by each of such

persons, and the number of acres in respect whereof the same shall be payable. And to such statement shall subjoin a notice that all objections thereto will be heard and determined by the said Commissioners, at such time and place to be in such notice mentioned, such time being not less than one calendar month from the date of such notice, and the said Commissioners*hall hear and determine such objections accordingly. 14. At the expiration of the time appointed for heai'ing of such objections, the Commissioners shall appoint fit persons to collect the Rate due, which shall, on non-payment thereof, be recoverable at the suit of any such Collector by summary proceedings, before any Justice of the Peace having jurisdiction within the District, and shall be leviable by Distress and Sale. 15. In case it shall be impossible to levy the Rate due by reason of the prqperty rateable being unoccupied or otherwise, the arrears shall at any subsequent time within seven years from the date of such Rate becoming due, be leviable upon any goods which may be found upon such property. 16. The Commissioners shall once in every year publish and cause to be posted -up in some conspicuous, place or places within the District, a statement of every sum -so in arraar, and of the land in respect of which the same shall be due. 17. In case of the non-payment of any Tolls which may have been so authorized to be taken, as hereinbefore provided, it shall be lawful for the Commissioners to levy the same by Distress and Sale. 18. It shall -also be lawful for the-Commis-sioners to impose such Dues, as may be reasonable, upon all persons making use of any Market-place,-Jetty, Wharf, Quay, Landing-place, -or other public work, established or maintained under the authority hereof ; and in case of the non-payment of such Dues, forthwith to levy the same by Distress and Sale. 19. It shall also be lawful for the Commissioners to appoint and employ such Agents as they shall find necessary for enabling them to carry into execution the. provisions of this Ordinance, and to pay 'Agents so to be appointed such remuneration as shall^be reasonable. 20. All monies raised by any District Rate, all Tolls and Dues payable under the authority of this Ordinance, shall be applied in defraying the cost and expenses necessarily incurredin the exercise ef the.powers hereinbefore given to the' Board of Commissioners, and of no other costs or expenses whatsoever.

HI. — Proceedings of Commissioners. 21. No Meeting of Commissioners for the purposes of this Ordinance shall be holden unless -such -Meeting shall have been called by Two Commissioners at least. Notice of the time and place of every such intended Meeting, specifying the business proposed to be transacted thereat, and signed by the Commissioners calling the same, to be left at the usual place of abode of every other -Oommiseioner three clear days, at least, before such Meeting. 22. All questions which shall come before such Meeting shall be decided by the majority of the -Commissioners who shall be present thereat. 23. A Minute of every Resolution agreed to at any such Meeting shall be entered in a Book, to be kept for that purpose, and shall be signed by the said -Commissioners who -shall .have agreed thereto. 24. The Commissioners shall, in a Book to be kept by them for that purpose, enter true accounts of all sums ofmoney by them received and paid, and of the several matters in respect whereof such sums shall have been received and .paid. All such accounts with all vouchers and papers relating thereto, together-with a full Abstract orrßalance Sheet thereof, signed by Three, at least, of the -Commissioners, shall yearly at such Meeting as aforesaid, be submitted to such Meeting, and shall-(as soon thereafter as conveniently may -be) be examined and audited by two or more persons to be appointed for that purpose by such .Meeting. 25. A Copy of such Abstract or Balance Sheet shall also -be ,posted aip by stich Commissioners at or before the commencement of such Meeting, as aforesaid, upon some conspicuous part of the place in which such Meeting shall be held. 26. All Monies found by the Auditors to be due from the Commissioners under the provisions of this Ordinance, together with all such Books of Account, Vouchers, and Papers, -shall be forthwith paid and delivered over to the Commissioners for the ensuing year. 27. Provided always, and be it enacted, that no land belonging to the Crown, or to any of the Aboriginal Inhabitants of the Colony, shall be liable to be rated under the .authority of this Ordinance. 28. Provided also, that in case any portion of any District shall be included within the boundaries -of any Borough hereafter to be Incorpoaated, <the portion so included shall thenceforth cease -to form part of such District for any of the purposes of this Ordinance. 29. Tn the construction of this Ordinance, the word •" Person" shall be taken to include -any Body Corporate, or body of Trustees, SOBERT FITZROY, Governor. Passed Uie Legislative Council, this "I nineteenth. <lay of April, A. D. 1845. / J. Coates, GUrk of Councils.

Form of Claim, To Esq.,") Police Magistrate for the District > of J I hereby give you uotice, that I claim' tfo have-' ave-' my name enrolled as a Voter for the election of the Board of Commissioners for the District- o£ , (as a land owner, lessee, or proxy foe A. B.) (as the case may be). Dated the day of Signed, Place of Abode and Business of Claimant.